Terms of Service

Auryth, version 1.0, effective 14 August 2026

These documents apply to each of the following products. Where a fact differs between them — the processors, where processing takes place, what the Corpus contains — it is stated per product below.

⚠ Automatic renewal

Your subscription renews automatically for the same period at the end of each period, and is charged again each time. You may prevent this up to the day before the renewal date, through the subscription screen or by email to [email protected]. If you are a Consumer, you may terminate at any time after any automatic renewal, free of charge, on one month’s notice.

These terms govern the use of Auryth (the Service), provided by Original Media BV, Achtzalighedenlaan 9, 2920 Kalmthout, België, company number BE 0471.421.879, VAT BE 0471.421.879, RLE Antwerpen (Auryth, “we”, “us”).

Contact: [email protected], +32 3 667 17 61

Auryth is a brand of Original Media BV. Original Media BV is your contracting party.

Read clause 4 and clause 12 carefully. The Service is a research tool that uses artificial intelligence to produce answers about Belgian real-estate law, Belgian and Dutch tax law and EU customs law. It does not provide legal, technical, tax or financial advice, and its output must not be relied on without independent verification by a competent professional.

1. Definitions

Customer: the natural or legal person who takes out a subscription. If you subscribe on behalf of an organisation, you warrant that you are authorised to do so and you bind that organisation.

Consumer: a Customer acting for purposes outside their trade, business, craft or profession. Annex A applies in addition where the Customer is a Consumer, and prevails over any conflicting provision of these terms.

User: a natural person to whom the Customer grants access under its subscription.

Input: everything a User supplies to the Service: questions, follow-up questions, context, settings, ratings and feedback.

Output: everything the Service generates in response to Input: answer text, summaries, source references, exports and visualisations.

Corpus: the collection of Belgian legal sources that we have assembled, enriched and indexed, and which the Service searches.

Regulated profession: for the purposes of these terms and of the AI Transparency Notice: lawyer, notary, judicial officer, auditor, accountant, architect, energy-performance assessor and safety coordinator, lawyer, notary, judicial officer, auditor, accountant and tax adviser and lawyer, customs representative, auditor, accountant and tax adviser.

2. Application, acceptance and precedence

2.1. These terms apply once the Customer has been able to consult them before concluding the agreement and has expressly accepted them when ordering. We retain timestamped evidence of that acceptance and make it available on request.

2.2. The Customer’s own general or special conditions do not apply. The Customer acknowledges that, before conclusion of the agreement and separately from these terms, we expressly informed it that we do not wish to be bound by an agreement subject to its general conditions, as referred to in Article 5.23, fourth paragraph, of the Belgian Civil Code. A derogation is valid only with our express written acceptance and only for the agreement for which it was given.

2.3. In case of conflict, the following order applies: (i) an expressly signed special agreement, (ii) Annex A (Consumers only), (iii) Annex B (data processing agreement), (iv) these terms, (v) the AI Transparency Notice and the Privacy Policy, (vi) the plan and pricing information in the Service.

2.4. We may refuse an order or a request for access before activation, without giving reasons and without liability. Nothing displayed in the Service or on our website constitutes a binding offer.

3. Intended purpose and excluded uses

3.1. Intended purpose. The Service is intended solely as an aid to legal source research for private-sector real-estate professionals (managing agents or syndics, estate agents, property managers, notarial and legal staff) and for associations of co-owners assisted by such professionals, private-sector tax professionals (accountants, tax advisers, auditors, lawyers and in-house tax departments) and private-sector customs and trade professionals (customs representatives, declarants, trade compliance officers and in-house customs departments). The Service searches the Corpus, summarises what it finds and points to it. The final judgment on the accuracy, completeness and applicability of any answer rests with the User.

3.2. Excluded uses. The Service is not intended for and must not be used:

• by or on behalf of a judicial authority to assist in researching and interpreting facts and the law or in applying the law to a concrete set of facts, nor for binding alternative dispute resolution;
• by or on behalf of a public authority, including social housing companies, woonmaatschappijen, public social welfare centres (OCMW/CPAS), SISP/SLRB and equivalent bodies, to evaluate the eligibility of natural persons for essential public services including social housing, or to grant, reduce, revoke or reclaim such services;
• as a wholly or partly automated basis for a decision producing legal effects concerning, or similarly significantly affecting, a natural person, including decisions on access to housing, creditworthiness, insurance, recruitment, or termination of a contract and access to a social benefit, creditworthiness, insurance, recruitment, or termination of a contract;
• to evaluate, screen or rank prospective tenants, prospective buyers, job applicants or employees and job applicants, employees or prospective clients;
• as a substitute for advice, assistance or representation by a member of a Regulated profession;
• in emergencies, or for decisions affecting the safety of persons or property;
• to draft or send correspondence, submissions or pleadings without prior substantive review by a competent person.

3.3. The Customer warrants that it will use the Service within the purpose described in 3.1 and observe the exclusions in 3.2, and imposes that obligation on every User. The Customer is liable to us for the acts and omissions of its Users as for its own.

3.4. Obligations under the AI Act. We expressly specify that the Service is not to be changed into a high-risk AI system within the meaning of Article 6 of Regulation (EU) 2024/1689. If the Customer modifies the intended purpose such that the Service becomes a high-risk AI system, or places the Service on the market under its own name or trademark, it is the provider of that system under Article 25(1) of that Regulation and bears the resulting obligations. If the Customer makes the Output available in whole or in part to a natural person, it is responsible for compliance with the transparency obligations that Article 50 of that Regulation places on it as deployer.

3.5. AI literacy. The Customer shall take measures supporting the development of AI literacy among its Users, proportionate to their technical knowledge, experience, education and context of use, as referred to in Article 4 of Regulation (EU) 2024/1689 as amended by Regulation (EU) 2026/1744. That obligation does not require the Customer to guarantee any particular level in any individual User. We make the AI Transparency Notice and the in-product explanations available for that purpose.

3.6. The Customer’s own professional rules. Where the Customer holds a regulated status, in particular as an estate agent or managing agent registered with the BIV/IPI, in particular as an accountant or tax adviser registered with the ITAA and in particular as a customs representative authorised under Article 18 of the Union Customs Code, it warrants that it is and remains registered, that it observes its professional code of conduct when using the Service, and that where its professional rules so require it informs its principals of the use of AI tools. We do not practise a Regulated profession and the Customer will not represent otherwise.

4. Nature of the Service: no advice, no warranty of accuracy

4.1. The Service generates language using statistical models. Such models can produce inaccurate, incomplete, outdated or fabricated information, including where the Output is confidently phrased and carries source references. A source reference does not warrant that the cited source supports the statement.

4.2. The Corpus is a selection. It is not exhaustive, not always current, and does not cover every field of law, every region or every language to the same extent. Any description of the Corpus’s scope, whether in the Service, in the AI Transparency Notice or in commercial communications, is indicative and is not a warranty.

4.3. The Output does not constitute legal, tax, accounting, technical, construction or financial advice, legal, tax, accounting or financial advice and legal, customs, tax or financial advice and creates no advisory relationship, no mandate and no professional relationship between the Customer and us. We are not a law firm and we do not practise a Regulated profession.

4.4. Duty to verify. The Customer and every User shall verify each Output against the original, authentic source (the Belgian Official Journal, the official code, the full text of the judgment) before any use in professional practice, towards third parties or in proceedings. This obligation is an essential element of the agreement and forms part of what determines the price of the Service.

4.5. The Service is provided “as is” and “as available”. To the extent permitted by law we exclude all express and implied warranties, in particular as to accuracy, completeness, currency, fitness for a particular purpose, uninterrupted availability and error-free operation. This clause does not apply to Consumers: as regards them the statutory guarantee of conformity for digital content and digital services (Articles 1701/1 to 1701/19 of the former Civil Code) applies in full, including the obligation to supply updates.

4.6. The Service is not a system of record. The Customer remains responsible for retaining the documents it must keep under its own statutory or professional retention duties, and shall keep those outside the Service.

5. Account, seats and access

5.1. An account is personal. Credentials must not be shared and a seat must not be used by more than one person at the same time. The number of seats is set by the chosen plan.

5.2. The Customer shall keep credentials secure, notify us immediately of any suspected misuse, and is liable for everything done through its account until that notification, except to the extent those acts result from a failure on our part.

5.3. We may count seats, detect concurrent sessions and check usage against the plan. Where excess use is established we may, after notice, invoice the difference at the applicable rate for the period concerned. If the Customer disputes the count within fourteen days on substantiated grounds, the parties shall confer before invoicing.

6. Term, renewal and cancellation

6.1. The subscription starts on confirmation and runs for the chosen period (monthly or annual). It renews automatically for the same period unless cancelled no later than the day before the renewal date through the subscription screen or by email to [email protected]. We remind the Customer by email of an upcoming annual renewal, at least thirty days in advance.

6.2. Cancellation takes effect at the end of the current period. Fees already paid are not refunded, in whole or in part, including where the Service was not used, save as otherwise provided in these terms, save as provided in Annex A and save under mandatory law.

6.3. A trial gives access for the stated period. We may limit the scope of a trial or end it without giving reasons.

6.4. We may terminate the agreement on ninety (90) days’ notice, refunding the prepaid, unused part of the period. Where the Customer is a Consumer we additionally pay compensation equal to that refundable amount, unless the termination results from force majeure or from a failure by the Consumer.

7. Prices, payment and late payment

7.1. Prices are in euro and exclusive of VAT. Payment runs through our payment provider; we do not receive or store card details. VAT is charged or reverse-charged according to the rules applicable to the Customer, who is responsible for the accuracy of the VAT number it provides.

7.2. Price changes. We may change prices on at least thirty (30) days’ notice by email before the effective date. The change applies from the next renewal period; the price of a current, prepaid period does not change. A Customer who does not agree may cancel free of charge before the effective date, with effect at the end of the current period. That right of cancellation is without prejudice to the Customer’s rights under the law.

7.3. Indexation. We may adjust prices once a year, on the anniversary of the start of the subscription, according to the formula: new price = base price × (0.20 + 0.80 × (new index / initial index)), where the index is the Belgian health index for the month preceding the adjustment and the initial index that for the month preceding the start of the subscription. The adjustment never exceeds the movement of that index and does not operate retroactively. We notify the adjusted price at least thirty (30) days before it takes effect. For Consumers on a fixed-term subscription the adjustment takes effect only at the next renewal.

7.4. Late payment (non-Consumers). Any amount unpaid on the due date bears interest by operation of law and without notice of default at the reference rate plus eight percentage points under Article 5 of the Act of 2 August 2002 on combating late payment in commercial transactions, plus fixed compensation of 10% of the outstanding amount, with a minimum of EUR 40 and a maximum of EUR 2,000, without prejudice to our right to recover higher collection costs under Article 6 of that Act. If we fail to pay an amount owed to the Customer on its due date, the Customer is entitled to equivalent interest and equivalent fixed compensation. For Consumers, Annex A applies instead.

7.5. Where payment remains outstanding more than fourteen (14) days after a reminder, we may suspend access. Suspension does not relieve the Customer of payment for the current period.

7.6. The Customer may not suspend, set off or withhold payment on account of a dispute, unless we have acknowledged the claim, it has been established by a court decision, or the dispute concerns a failure on our part that we have not remedied within fifteen (15) days of notice of default. This clause does not apply to Consumers.

8. Acceptable use

The following are prohibited:

a. retrieving, copying, downloading or reconstructing the Corpus or any substantial part of it by repeated and systematic querying, scraping, automated access or any other method; asking questions and consulting the answers through the user interface, within the limits of the plan, does not fall under this prohibition; b. using the Service or the Output to train, fine-tune or distil a language model, search index or other AI system, or to develop or assist in developing a competing service, including evaluation or benchmarking for that purpose. Internal testing, acceptance testing and comparative assessment for renewal purposes are permitted; c. reverse engineering or decompiling the Service, save where mandatory law provides otherwise. Good-faith security research, within the conditions of point 10 of the Privacy Policy or of a coordinated vulnerability disclosure policy, does not fall under this prohibition; d. circumventing access, usage or rate limits, creating multiple accounts to evade limits, or sharing credentials; e. reselling, renting, sublicensing or offering the Service to third parties as a service without our prior written consent; f. supplying Input that is unlawful, infringes third-party rights, or contains personal data the Customer is not entitled to process; g. presenting Output as human-authored advice, or as emanating from us, where a third party will rely on it; h. using the Service in a way that places a disproportionate load on the infrastructure or degrades availability for other customers.

On breach we may immediately restrict or suspend use. On a serious breach of a, b or e we may terminate the agreement by written notice stating the failure, without prior notice of default. In that case we refund the prepaid, unused part of the period. Our right to compensation for the loss actually suffered is unaffected.

9. Intellectual property

9.1. All rights in the Service, the software, the interface, the prompts, the search and ranking methods, the question index, the vector representations and the brand remain with us or our licensors. The agreement grants the Customer only a non-exclusive, non-transferable and revocable right of use for the term of the subscription.

9.2. Corpus. The underlying official texts are public. Their collection, verification, cleaning, structuring, indexing and interlinking evidence substantial investment in obtaining, verifying and presenting the contents, and constitute a database in which we assert the database producer’s right (Article XI.306 et seq. of the Belgian Code of Economic Law) and, where applicable, copyright in the structure, without prejudice to third-party rights in the individual sources. Extraction or re-utilisation of the whole or of a substantial part is prohibited. Repeated and systematic extraction or re-utilisation of insubstantial parts is prohibited to the extent it conflicts with normal exploitation of the Corpus or unreasonably prejudices our legitimate interests. Normal use of the Service in accordance with these terms does not constitute extraction or re-utilisation within the meaning of this clause.

9.3. Third-party sources. The Corpus is assembled from public registers and third-party sources. We may remove a source from the Corpus at any time, including at a rightsholder’s request or on a change to its reuse conditions. Such removal is not a defect and does not engage clause 11.3. A rightsholder who considers that the Corpus infringes its rights may notify us at [email protected]; we investigate every notice and remove where necessary.

9.4. Output. We claim no ownership of the Output. Within the limits of these terms the Customer may use the Output internally and in its professional practice. We do not warrant that the Output is original or unique: similar questions produce similar answers, including for other customers.

9.5. Third-party components. The Output is produced using third-party language models. Use of the Output is subject to those model providers’ acceptable use policies, which the Customer shall observe. Open-source components are licensed under their own terms, which prevail over this clause for those components. A list is available on request at [email protected].

9.6. Input. The Customer retains its rights in the Input and grants us a non-exclusive, non-transferable licence, limited to the term of the agreement, to process the Input and the Output for (i) providing the Service and (ii) security, abuse prevention and debugging. Quality measurement we carry out as processor on the Customer’s instruction, as set out in Annex B.

9.7. Improvement. For maintaining and improving the Corpus, the search methods and the question index we use only material from which we have first removed all personal data, or which we have first anonymised such that neither the Customer, nor any User, nor any other natural person remains identifiable, or aggregate measurements. If the Customer wishes us also to use the raw content of conversations for that purpose, that is possible on its express written instruction as controller, revocable at any time. Input containing special categories of personal data or data on criminal convictions is never used for improvement.

9.8. We may use aggregated and anonymised data about use of the Service without restriction, including after termination, provided that nobody can be identified from it.

9.9. We may use feedback, suggestions and error reports freely and without compensation.

10. Confidentiality

10.1. Each party shall keep the other’s confidential information secret, use it only to perform the agreement, and protect it with at least the same care as its own. This obligation survives for three (3) years after the agreement ends. Use that clause 9 expressly permits does not constitute a breach of this clause.

10.2. It does not cover information that is public, lawfully obtained from a third party, independently developed, or whose disclosure is required by law or court order.

10.3. The processing of personal data is governed not by this clause but by Annex B and the Privacy Policy.

11. Availability, maintenance and dependencies

11.1. We aim for high availability but give no service level commitment, unless a separately signed agreement does so. There is no penalty or credit regime for unavailability.

11.2. We may interrupt the Service for maintenance, updates and security measures. We announce planned maintenance in advance where reasonably possible.

11.3. We may add, change or remove features and may replace the underlying language model, model version or model provider where there is a valid reason, including: the discontinuation, restriction or repricing of a third-party service, a security or compliance requirement, a legal or judicial obligation, a technical necessity, or a demonstrable improvement in the quality or cost structure of the Service. Where that provider is a sub-processor, the change follows the procedure in Annex B, point 7. We do not warrant that any particular model, version or feature remains available, nor that the Output remains identical over time. Where a feature that was expressly stated in the plan description at the time of the order is permanently removed, the Customer may cancel within thirty (30) days of the notice, with a refund of the prepaid, unused part.

11.4. The Service depends on third-party services and content, including language model providers, hosting parties, the payment provider, and the rightsholders and registers from which the Corpus is assembled. Interruption, restriction, change of reuse conditions or discontinuation at such a third party constitutes, as between the parties, an event beyond our control within the meaning of clause 16. A price increase does not fall under this clause but under clause 12.9.

12. Liability

12.1. Our obligations are best-efforts obligations. We are liable only for proven damage that is the direct result of a proven failure on our part.

12.2. Excluded damage. We are in no event liable for indirect or consequential damage, including: loss of profit, loss of revenue, loss of clientele, loss of opportunity, loss of or damage to data, reputational harm, cost of substitute services and loss of time. Nor are we liable for damage arising from a decision based on the Output taken without the verification referred to in clause 4.4.

12.3. Cap. Our total liability under or in connection with the agreement, on any basis, contractual or extra-contractual, is limited, in aggregate per contract year, to the fees the Customer paid us for the Service in the twelve (12) months preceding the event giving rise to the damage.

12.4. Carve-outs. The exclusions and limitations in this clause do not apply to: our own intentional fault, fraud or gross negligence, nor the intentional fault or gross negligence of our employees, agents and auxiliaries; damage resulting from death or personal injury; the recourse referred to in Article 82(5) GDPR; and any liability that cannot be excluded or limited under mandatory law. The exclusions in clause 12.2 further do not apply to non-performance of the essential obligations forming the object of the agreement, save force majeure; the cap in clause 12.3 continues to apply in that case. Additional limits apply to Consumers under Annex A.

12.5. Notification and limitation period. Each party shall notify the other in writing of any defect or damage within sixty (60) days after it became aware of it or should reasonably have become aware of it. Any claim under the agreement lapses twelve (12) months after that awareness, and in any event twenty-four (24) months after the underlying event. These periods apply reciprocally and do not apply to Consumers, nor to claims for breach of clause 10 or of Annex B.

12.6. Indemnity by the Customer. The Customer shall indemnify us against any third-party claim arising from its Input, from a breach of clause 3, clause 8 or Annex B, or from supplying the Output to that third party without the verification referred to in clause 4.4, and shall reimburse the resulting reasonable costs. This indemnity does not apply to claims resulting from our intentional fault, fraud or gross negligence, is limited to the amount set out in clause 12.3, and does not apply to Consumers.

12.7. Indemnity by us. If a third party claims against the Customer that the Service or the Corpus infringes that third party’s intellectual property right, we will defend the Customer at our cost and pay the amounts awarded, provided the Customer notifies us without delay, leaves the conduct of the defence to us and cooperates reasonably. We may then modify the Service, obtain a licence, or terminate the agreement with a refund of the unused part. This indemnity is subject to the cap in clause 12.3.

12.8. No joinder or vouching-in. The Customer shall not join us or call us into warranty in proceedings brought against it by its own client or by a third party; its sole recourse is a direct claim against us under this clause. The Customer shall inform us of any proceedings in which the Output plays a part and allow us to assist it. This clause does not apply to Consumers.

12.9. Third-party cost increases. If the rates a language model or hosting provider charges us for delivering the Service rise by more than twenty per cent (20%) compared with the time of the order, we may adjust the price by up to 80% of that increase, in proportion to the share of those costs in the price, on thirty (30) days’ notice. The Customer may then cancel free of charge within thirty (30) days, with a refund of the prepaid, unused part. Article 5.74 of the Belgian Civil Code otherwise continues to apply.

12.10. Insurance. The Customer shall maintain professional indemnity insurance covering its regulated activity, and shall use reasonable efforts to obtain from its insurer a waiver of subrogation in our favour. This clause does not apply to Consumers.

13. Personal data

13.1. The Privacy Policy governs personal data for which we are the controller: account data, billing data, usage data, product analytics.

13.2. Where the Customer enters third-party personal data into the Service, the Customer is the controller and we are the processor. Annex B then applies, forms an integral part of the agreement, and constitutes the agreement required by Article 28(3) GDPR.

13.3. The Customer warrants that it has a legal basis for every entry of personal data, that it informs data subjects properly, including of the existence of this transfer to us, and that it enters no more data than its question requires. Entering data concerning health, criminal convictions or other special categories is discouraged and is at the Customer’s sole responsibility.

13.4. Where we and the Customer are held jointly liable under Article 82 GDPR, the parties shall contribute in proportion to their share in the damage, retaining the recourse referred to in Article 82(5) GDPR.

14. Suspension and termination

14.1. We may suspend access in whole or in part with immediate effect in the event of: non-payment, reasonable suspicion of fraud or abuse, a serious security risk, a breach of clause 3 or 8, a legal order, or the Customer’s designation on a sanctions list.

14.2. Either party may terminate the agreement for a serious breach by the other that is not remedied within fifteen (15) days of written notice of default. We may additionally terminate with immediate effect on the Customer’s bankruptcy, judicial reorganisation or manifest insolvency, to the extent mandatory law permits.

14.3. On termination the right of use ends immediately. The Customer may export its data for thirty (30) days; after that period we delete it within fifteen (15) days, in accordance with the Privacy Policy and Annex B.

14.4. The following survive termination: clauses 3.2, 4, 8(a), (b) and (e), 9, 10, 12, 13 and 18, and Annex B.

15. Changes to these terms

15.1. We may amend these terms where there is a valid reason, including a change in the law, a judicial or administrative decision, a change at a supplier, or a change to the Service. An amendment is notified by email and published in the Service at least thirty (30) days before it takes effect.

15.2. A Customer who does not agree may cancel free of charge before the effective date, with effect at the end of the current period. Absent cancellation before the effective date, the Customer is presumed to have accepted the amended terms; that presumption is rebuttable. That right of cancellation is without prejudice to the Customer’s rights under the law.

15.3. An amendment restricting the Customer’s rights or increasing its obligations takes effect, as regards a Customer on a fixed-term subscription, only at the next renewal.

15.4. Amendments required to comply with a legal or judicial obligation may take effect immediately.

16. Force majeure

Neither party is liable for a failure resulting from an event beyond its reasonable control, including: outage or restriction at a language model provider, withdrawal or change of a source’s reuse conditions, hosting or network failure, cyberattack, power failure, strike, war, pandemic, export restriction, or a governmental measure. Where the event lasts more than sixty (60) days, either party may terminate the agreement without compensation, with a refund of the prepaid, unused part.

17. Assignment, subcontracting, integrity and reference

17.1. We may assign the agreement and the rights and obligations under it to an affiliate or in the context of a merger, demerger or transfer of business, provided the assignee assumes all obligations under these terms in full and the Customer’s safeguards are not thereby diminished; we will inform the Customer beforehand. If the Customer is a Consumer and those safeguards are nevertheless diminished, it may terminate free of charge within thirty (30) days of the notice, with a refund of the prepaid, unused part. The Customer may not assign without our prior written consent.

17.2. We may use subcontractors. We remain responsible to the Customer for their performance, within the limits of clause 12 and, for sub-processors, within the limits of Annex B, point 7.

17.3. Sanctions and export controls. Each party represents that it is not designated on a sanctions list of the European Union, Belgium, the United Kingdom or the United States, is not controlled by a designated person, and will not use the Service in or for the benefit of an embargoed country. On designation we may terminate with immediate effect.

17.4. Bribery. Each party shall comply with applicable anti-bribery and anti-corruption legislation. A breach is a serious failure within the meaning of clause 14.2.

17.5. We may name the Customer and use its logo as a reference in commercial communications, unless the Customer objects by email, in which case we will remove the reference within a reasonable period. As regards Consumers this applies only with prior consent.

18. Evidence, language, entire agreement and governing law

18.1. Evidence. Our logs, usage records and electronic data constitute evidence between the parties of the operations they record, subject to proof to the contrary, which may be adduced by any means. We make the records concerned available to the Customer on request. This clause does not apply to Consumers.

18.2. Entire agreement and non-reliance. These terms, with their annexes, contain the entire agreement between the parties on their subject matter and supersede any earlier communication. The Customer confirms that it has not relied on any statement, demonstration, representation or promise not contained in them, in particular not on any statement about the scope, coverage or accuracy of the Corpus. This provision does not exclude liability for fraud and does not apply as regards Consumers.

18.3. Language. These terms exist in Dutch, French, English and German. The language version in which the Customer concluded the agreement governs the legal relationship with that Customer.

18.4. Governing law. The agreement is governed exclusively by Belgian law, excluding the Vienna Sales Convention and any conflict-of-law rules.

18.5. Jurisdiction. Any dispute falls within the exclusive jurisdiction of the courts of the judicial district of Antwerpen, without prejudice to the mandatory rules on the use of languages in judicial proceedings. For Consumers, point A.6 of Annex A applies.

18.6. Severability. If a provision is void, prohibited or unenforceable, the remainder stands. The parties shall in that case confer in good faith on a valid provision approximating its intended economic and legal purpose as closely as possible.

18.7. Failure to exercise a right, or delay in doing so, is not a waiver of it.

19. Use of this website

19.1. Browsing auryth.ai, reading its pages or leaving your address on a waitlist does not conclude a subscription and creates no obligation on either side. A subscription arises only as set out in clause 2.

19.2. The content, design, code and branding of the website belong to Original Media BV unless stated otherwise. You may read and share the pages; you may not reproduce or adapt them commercially without our prior written consent.

19.3. The website links to external sources, including government sites and legislation databases. We are not responsible for their content or their availability.

19.4. Information on the website — including any description of the Corpus, of coverage or of accuracy — is indicative and is not a warranty. Clause 4 applies to it in full.

Annex A: Additional provisions for Consumers

This annex applies only where the Customer is a Consumer. In case of conflict it prevails over the main text. Nothing in these terms affects the mandatory rights a Consumer derives from Books VI and XIX of the Belgian Code of Economic Law or from other mandatory provisions.

A.1. Right of withdrawal. The Consumer has fourteen (14) calendar days from conclusion of the agreement to withdraw from it without giving reasons and without cost, by an unambiguous statement by email to [email protected] or using the model withdrawal form attached as Annex C.

A.2. Immediate performance and loss of the right of withdrawal. The Service is a digital service not supplied on a tangible medium. A Consumer who wishes performance to begin before the withdrawal period expires must expressly request this when ordering and acknowledge, by a separate tick box, that they lose the right of withdrawal once performance has begun with their prior express consent. We confirm that consent and that acknowledgment without delay on a durable medium. Where those three conditions are met, the right of withdrawal is excluded under Article VI.53, 13°, of the Code of Economic Law from the start of performance. If the Consumer does not request immediate performance, performance begins after the withdrawal period expires.

A.3. Statutory conformity. The Consumer has the benefit of the statutory guarantee of conformity for digital content and digital services (Articles 1701/1 to 1701/19 of the former Civil Code). The periods in clause 12.5 do not apply to the Consumer.

A.4. Liability. The exclusions and limitations in clause 12 apply to the Consumer only to the extent permitted by Book VI of the Code of Economic Law. Clauses 12.6, 12.8 and 12.10 do not apply to the Consumer.

A.5. Late payment. On late payment we send the Consumer a first reminder, free of charge, on a durable medium, stating the outstanding balance, the amount of the compensation clause that will be claimed on non-payment, our name and company number, a description of the debt and its due date, and the period of fourteen (14) calendar days within which payment must be made before any costs, interest or compensation fall due. That period starts on the third working day after dispatch by post, or on the calendar day following dispatch by electronic means.

If the Consumer still does not pay, the following are due: (i) default interest at the reference rate plus eight percentage points as referred to in Article 5, second paragraph, of the Act of 2 August 2002, and (ii) fixed compensation of EUR 20 where the outstanding balance is no more than EUR 150; EUR 30 plus 10% of the amount in the band between EUR 150.01 and EUR 500; or EUR 65 plus 5% of the amount in the band above EUR 500, capped at EUR 2,000.

For the regular supply of services we charge no reminder costs for non-payment of three due dates per calendar year; further reminders cost at most EUR 7.50 plus postage. Where we are late in making a refund, the Consumer is entitled to equivalent compensation.

A.6. Disputes. The Consumer may always bring proceedings before the court of their domicile. They may also apply free of charge to the Consumer Mediation Service, Koning Albert II-laan 8 box 1, 1000 Brussels (consumentenombudsdienst.be), or to the European ODR platform. Clause 18.5 cannot be invoked against the Consumer.

A.7. Automatic renewal. After any automatic renewal the Consumer may terminate the agreement at any time, without indemnity, on one (1) month’s notice, in accordance with Article VI.91 of the Code of Economic Law.

A.8. Language. As regards the Consumer, only the language version in which they contracted applies.

Annex B: Data Processing Agreement

This annex applies where we process personal data on behalf of the Customer and constitutes the agreement required by Article 28(3) of Regulation (EU) 2016/679 (GDPR).

B.1. Roles. The Customer is controller; we are processor. For the content of conversations we act solely as processor. For the data referred to in clause 13.1 (account data, billing data, usage data and product analytics) we are ourselves controller and this annex does not apply.

B.2. Subject matter, duration, nature and purpose. Subject matter: provision of the Service. Duration: the term of the agreement, extended by the retention periods in B.12. Nature and purpose: storing, searching, transmitting to the model providers and displaying the Input in order to generate Output, and measuring the quality of the search result.

B.3. Types of data and data subjects. We do not determine which personal data the Customer enters. Typically this concerns identification and contact data and data on property, contracts and disputes, relating to co-owners, tenants, landlords, buyers, sellers, contractors and the Customer’s staff, identification and contact data and data on income, assets, companies and disputes, relating to clients, directors, shareholders and the Customer’s staff and identification and contact data and data on goods, shipments, contracts and disputes, relating to clients, suppliers, consignees and the Customer’s staff.

B.4. Instructions. We process the data only on the Customer’s documented instructions, including as regards transfers to a third country. The agreement, this annex and the use of the Service constitute those instructions. We do not process the personal data for our own purposes; the processing referred to in clause 9.7 is carried out only on data that is no longer personal data. Where Union or Belgian law requires us to process, we inform the Customer beforehand unless that law prohibits such notice. If we consider an instruction to infringe the GDPR, we say so.

B.5. Confidentiality. Every person under our authority with access to the data has committed in writing to confidentiality or is under a statutory duty of confidentiality.

B.6. Security. We implement appropriate technical and organisational measures within the meaning of Article 32 GDPR. The measures are described in point 10 of the Privacy Policy and may be adjusted provided the level of protection does not decrease.

B.7. Sub-processors. The Customer gives general authorisation for the engagement of sub-processors. The current list is set out in point 6 of the Privacy Policy. We notify an intended change at least thirty (30) days in advance. The Customer may object within that period on reasonable, substantiated grounds; if the parties cannot agree, the Customer may terminate with effect from the intended change date, with a pro rata refund of the prepaid, unused part. We impose on each sub-processor obligations no less strict than this annex and remain fully liable to the Customer for the performance of the sub-processor’s obligations, in accordance with Article 28(4) GDPR. This point is without prejudice to the Customer’s rights under Article 82 GDPR.

B.8. Transfers outside the EEA. Transfers take place only to countries covered by an adequacy decision (for US recipients only to the extent they are certified on the official DPF list for the data categories concerned), or on the basis of the European Commission’s standard contractual clauses, supplemented by a documented transfer impact assessment. The Privacy Policy states the basis relied on for each sub-processor.

B.9. Assistance. We assist the Customer free of charge with data subject requests, data protection impact assessments and prior consultation, taking into account the nature of the processing and the information available to us. The Service provides access, export and deletion functions at account level. A request concerning a single data subject within the content of conversations cannot be handled by the Customer using those functions; we carry that out on written instruction.

B.10. Personal data breaches. We notify the Customer without undue delay and in any event within forty-eight (48) hours of becoming aware of a personal data breach, and provide the information referred to in Article 33(3) GDPR to the extent known to us. We assist the Customer free of charge with its notification to the supervisory authority and to data subjects. The notification itself is the Customer’s responsibility. A notification is not an admission of fault or liability.

B.11. Audit. We make available the information necessary to demonstrate compliance with Article 28 GDPR, primarily through documentation, descriptions of measures and responses to a questionnaire. Where the Customer additionally requires an on-site audit: at most once per calendar year, on thirty (30) days’ written notice, during business hours, without interrupting the Service, by an auditor who signs a non-disclosure agreement, and at the Customer’s cost. We make the necessary staff and documentation available. These limitations do not apply where a supervisory authority orders an inspection, nor following a breach affecting the Customer’s data; in those cases we cooperate as soon as the audit can reasonably take place. Where a serious deficiency is established, we bear the cost.

B.12. Return or deletion. At the Customer’s choice, communicated within thirty (30) days after the agreement ends, we return the personal data in a common format or delete it. Absent a choice we delete it within fifteen (15) days after that period, subject to statutory retention obligations and subject to backups, which expire on the cycle stated in the Privacy Policy.

B.13. Liability. Our liability under this annex is subject to clause 12, to the extent Article 82 GDPR permits. The cap in clause 12.3 does not apply to the recourse referred to in Article 82(5) GDPR, nor to administrative fines attributable to a failure by us under this annex.

Annex C: Model withdrawal form

(Complete and return this form only if you wish to withdraw from the agreement. Consumers only.)

To Original Media BV, Achtzalighedenlaan 9, 2920 Kalmthout, België, [email protected]

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the supply of the service Auryth.

• Ordered on (*)/Received on (*): …………………………
• Name of consumer(s): …………………………
• Address of consumer(s): …………………………
• Signature of consumer(s) (only if this form is notified on paper): …………………………
• Date: …………………………

(*) Delete as appropriate.

This page is a contractual document, not legal advice about your situation. Questions: [email protected].